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All appeals by the Defendants are dismissed.
Reasons
. Legal application agency should be specifically determined.
(2) In light of the above legal principles, the above criteria should be taken into consideration in determining whether the defendants' advertisements constitute "an indication or advertisement likely to mislead consumers into thinking they are medicines" (see, e.g., Supreme Court Decisions 2005Do844, Nov. 24, 2006; 2007Do3831, Sept. 6, 2007; 2015Do6207, Jul. 9, 2015). In light of the above legal principles, the above criteria should be taken into consideration in determining whether the defendants' advertisements constitute "an indication or advertisement likely to mislead consumers into thinking they are medicines" (see, e.g., Supreme Court Decisions 2005Do844, Nov. 24, 2006; 2007Do3831, Sept. 6, 2007; 2015Do6207, Jul. 9, 2015).
B. Article 2 Subparag. 10 of the Enforcement Rule of the Cosmetics Act includes “cosmetics that assist in relaxing the building, etc. caused by the Atopy skin” in the scope of functional cosmetics. However, the promotional writing posted by the Defendants is likely to mislead the Defendants into advertising the efficacy effect as a medicine based on the average perception of the general public, by simply relaxing the building, etc. caused by the Atopy skin, and by relaxing the fear of fear arising from the Atopy skin, and by precluding the physical disability caused by the Atopy skin, it is reasonable to mislead the Defendants into advertising the efficacy effect as a medicine based on the average perception of the general public.
(c).